Section 3: Application of Act

3. Application of Act (1) Notwithstanding any other enactment but subject to this section, this Act shall not apply to procurement undertaken— (a) to protect national security or defence, where— (i) the Prime Minister so determines; and (ii) the procurement is undertaken by the most competitive method of procurement available in the circumstances; (b) pursuant to an agreement or arrangement between Mauritius and a foreign State which allows Mauritius to benefit from the expertise and development experience of that foreign State in a particular field, provided that such procurement is undertaken by— (i) the foreign State or by, or through, an entity designated by the foreign State; (ii) the Government of Mauritius; or (iii) a statutory body or entity— (A) specified in an enactment; or (B) designated for that purpose by the Government of Mauritius; or (c) by any Ministry, acting on its own or on behalf of another public body, where— (i) such procurement is in respect of an information and communication technology project which requires interfacing with different existing systems; and (ii) in view of confidentiality of sensitive information and potential risks in the execution of the project, the supervising officer of the Ministry considers that, in order to protect the safety or interests of Mauritius, it is necessary that the project be executed by an entity which has initially developed the system or which has previously developed a similar system. (d) – (g) — P56 – 5 [Issue 10] Public Procurement Act (1A) For any procurement under subsection (1) (b) or (c)— (a) the relevant Ministry shall— (i) perform due diligence, with such assistance as it may request from the Board, to ensure that the procurement constitutes value for money; (ii) submit a report on the due diligence, together with supporting documents and its recommendations, to the highpowered committee; (b) the high-powered committee shall, after examining the documents and recommendations referred to in subparagraph (a) (ii)— (i) forward its report, including its recommendations, to Cabinet; and (ii) notify the relevant Ministry of its recommendations to enable it to take a decision on the procurement. (1B) For the purpose of subsection (1A)— (a) the Policy Office shall issue guidelines to assist the Ministry in performing due diligence; (b) the high-powered committee— (i) shall be chaired by the Secretary to Cabinet and Head of Civil Service, or his representative; (ii) shall comprise such other senior officials as the Secretary to Cabinet and Head of Civil Service may designate; (iii) may co-opt such public officer as it considers appropriate. (1Ba) – (1C) — (1D) — (2) This Act shall apply to any other procurement effected by a public body, other than an exempt organisation. (2A) Every exempt organisation shall establish its own procurement rules in relation to such types of contracts as may be prescribed. (3) Where this Act conflicts with the procurement rules of a donor organisation, the application of which is mandatory pursuant to an obligation entered into by Mauritius under any treaty or other form of agreement, those rules shall prevail. (4) This Act shall bind the State. [S. 3 amended by s. 35 (b) of Act 14 of 2009 w.e.f. 30 July 2009; s. 24 (b) of Act 38 of 2011 w.e.f. 15 December 2011; s. 22 (b) of Act 27 of 2012 w.e.f. 22 December 2012; s. 39 (b) of Act 27 of 2013 w.e.f. 21 December 2013; s. 43 (b) of Act 9 of 2015 w.e.f. 15 August 2015; s. 42 (a) of Act 18 of 2016 the application of which is mandatory pursuant to an obligation entered into by Mauritius under any treaty or other form of agreement, those rules shall prevail. (4) This Act shall bind the State. [S. 3 amended by s. 35 (b) of Act 14 of 2009 w.e.f. 30 July 2009; s. 24 (b) of Act 38 of 2011 w.e.f. 15 December 2011; s. 22 (b) of Act 27 of 2012 w.e.f. 22 December 2012; s. 39 (b) of Act 27 of 2013 w.e.f. 21 December 2013; s. 43 (b) of Act 9 of 2015 w.e.f. 15 August 2015; s. 42 (a) of Act 18 of 2016 w.e.f. 7 September 2016; s. 44 (b) of Act 10 of 2017 w.e.f. 24 July 2017; s. 59 (b) of Act 11 of 2018 w.e.f. 9 August 2018.] [Issue 10] P56 – 6 Revised Laws of Mauritius